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(영문) 인천지방법원 2013.11.15 2013고정3753
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of C Co., Ltd. 301 in the Nam-gu Incheon Metropolitan City B Building 301 and is an employer who runs a construction business using four full-time workers. From August 16, 2011 to August 16, 2012, the Defendant worked in the said workplace and was retired from the said workplace within 14 days from the date of retirement without agreement on the extension of the payment date. The Defendant did not pay KRW 4,153,830, total of the wages of KRW 1,384,610, monthly wage of KRW 1,384,610, monthly wage of KRW 610, monthly wage of KRW 1,384,610, monthly wage of KRW 7.

2. We examine the judgment, and the facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and are not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records, it can be recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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